Apple sued over "Tiger," requested injunction could prevent launch
Apple Computer has been slapped with a lawsuit by Tiger Direct Inc. for allegedly infringing its trademark with the new Mac OS X "Tiger'' operating system scheduled for release on Friday.
Tiger Direct, which sells computers and related products on the Internet, said Apple's Tiger OS threatens to dilute its trademarked name, according to Bloomberg, which has obtained a copy of the lawsuit.
The online retailer also accused Apple of deceptive and unfair trade practices in the lawsuit, filed today in federal court in Miami, Florida, Bloomberg said.
"Apple Computer has created and launched a nationwide media blitz led by Steven Jobs, overwhelming the computer world with a sea of Tiger references," Tiger Direct's attorneys wrote in the lawsuit.
If the court grants Tiger Direct's request for an injunction, Apple's rollout of Tiger could be stopped.
Tiger Direct, which is based in Miami, Florida, has used its family of Tiger trademarks to sell computers and computer related products since 1987, the lawsuit said. The company owns trademarks on the names Tiger, TigerDirect and TigerSoftware.
The retailer said Apple's use of the name "is causing confusion, mistake and deception among the general purchasing public."
At the root of the issue appears to internet search results. Tiger Direct contends that Apple's use of the name has adversely affected its ranking amongst the Internet's largest search engines, Google and Yahoo, bumping the company from its usual spot in the first three results.
Tiger Direct has asked the federal court to block Apple from using the name, according to Bloomberg.
The online retailer is also seeking damages and legal fees.
Update: Tiger Direct claims a preliminary injunction hearing is slated for Tuesday, May 3, several days after Tiger is scheduled to go onsale.
Tiger Direct, which sells computers and related products on the Internet, said Apple's Tiger OS threatens to dilute its trademarked name, according to Bloomberg, which has obtained a copy of the lawsuit.
The online retailer also accused Apple of deceptive and unfair trade practices in the lawsuit, filed today in federal court in Miami, Florida, Bloomberg said.
"Apple Computer has created and launched a nationwide media blitz led by Steven Jobs, overwhelming the computer world with a sea of Tiger references," Tiger Direct's attorneys wrote in the lawsuit.
If the court grants Tiger Direct's request for an injunction, Apple's rollout of Tiger could be stopped.
Tiger Direct, which is based in Miami, Florida, has used its family of Tiger trademarks to sell computers and computer related products since 1987, the lawsuit said. The company owns trademarks on the names Tiger, TigerDirect and TigerSoftware.
The retailer said Apple's use of the name "is causing confusion, mistake and deception among the general purchasing public."
At the root of the issue appears to internet search results. Tiger Direct contends that Apple's use of the name has adversely affected its ranking amongst the Internet's largest search engines, Google and Yahoo, bumping the company from its usual spot in the first three results.
Tiger Direct has asked the federal court to block Apple from using the name, according to Bloomberg.
The online retailer is also seeking damages and legal fees.
Update: Tiger Direct claims a preliminary injunction hearing is slated for Tuesday, May 3, several days after Tiger is scheduled to go onsale.
Comments
And then... so "Tiger" is copyrighted? Damn, I need to hurry - I need to copyright every wild cat´s name ASAP, and then sue the crap out of Apple!
Really, this is more sad than amusing...
Originally posted by Denmaru
They should shut up and be happy - this is pure publicity!
exactly my thoughts.
apple hasnt even taken their spot in line at google
It's too late now, everyone associates Tiger with OS 10.4 and no matter what everyone is going to call it that.
Besides that, any retard can distinguish between Mac OS X Tiger and TigerDirect.com. I swear sometimes copyright and patent laws are made for people who can't tell a rock from yogurt.
I am going to patent "Lion" so that I will make the bucks when it comes out and sue Apple too.
\t
Sales Inquiries / Product Information\t800.800.8300
Customer Service and Support\t800.800.8300
Educational Sales (M-F 8AM-8PM EST)\t888.278.4437
Corporate Sales / Licensing (M-F 8AM-8PM EST)\t888.278.4437
Reseller Hotline (M-F 8AM-8PM EST)\t888.736.4672
International Callers\t305.415.2201
Para Clientes en Español\t888.222.9800
To Fax Us An Order\t305.415.2202
Let 'em have it boys - I'm going to call and enquire right now. I might send a fax or two as well ...
Do they honestly think that someone who wants to shop at Tiger Direct is going to do a Google search, find Mac OS X 10.4 Tiger instead, and end up buying that from Apple instead of what they were originally wanting from Tiger Direct???
Of course not. They just see a chance to try for some money from a prominent company.
The timing is purely to extort money from Apple. They know Apple has planned a big launch and can't delay it, so Apple has no time to respond no matter WHO is right... and therefore they can get Apple to make a big out-of-court settlement without Tiger Direct actually being in the right!
Now THAT is low. Tiger has been promoted for over a year now.
Steve will probably refuse to pay at all costs, but here's what I'd do:
1. Pay what Tiger is asking.
2. Then sue them after the fact for the planned extortion (or whatever the proper term).
I'm all for Apple losing when they're in the wrong--and sometimes they are. But even if the letter of the law somehow makes Apple wrong this time, it's still a disreputable and needless act of Tiger Direct.
Originally posted by the cool gut
Telephone Support
\t
Sales Inquiries / Product Information\t800.800.8300
Customer Service and Support\t800.800.8300
Educational Sales (M-F 8AM-8PM EST)\t888.278.4437
Corporate Sales / Licensing (M-F 8AM-8PM EST)\t888.278.4437
Reseller Hotline (M-F 8AM-8PM EST)\t888.736.4672
International Callers\t305.415.2201
Para Clientes en Español\t888.222.9800
To Fax Us An Order\t305.415.2202
Let 'em have it boys - I'm going to call and enquire right now. I might send a fax or two as well ...
Not sure how this will do anything.. and not sure you can reach anyone that would know anything about this anyway.
This lawsuit will end the same way the Mac OS 9 v OS 9 lawsuit (bottom of page) went - with Apple winning.
Originally posted by macnut222
As far as trademarks go, Apple has a trademark on Tiger as well.
This lawsuit will end the same way the Mac OS 9 v OS 9 lawsuit (bottom of page) went - with Apple winning.
Yeah -- But check the status:
http://tarr.uspto.gov/servlet/tarr?r...entry=78269988
"Current Status: An opposition is now pending at the Trademark Trial and Appeal Board."
Best,
Kasper
We all know that Floridians think very rationally and make the right decision.